Pages

Rudd Urged to Protect Assange

THE former prime minister Malcolm Fraser and dozens of public figures have called on the Foreign Affairs Minister, Kevin Rudd, to ensure the WikiLeaks founder Julian Assange is protected from ''rendition'' to the US.

They warn that if Assange is extradited from Britain to Sweden, where he may face rape and sexual assault charges, he could then be handed over to the US, where prosecutors are considering criminal charges against him following the release of confidential cables.

''The chances of Mr Assange receiving a fair trial in the United States appear remote. A number of prominent political figures have called for him to be assassinated, and the Vice-President has called him a 'high-tech terrorist','' their open letter reads.

''Given the atmosphere of hostility in relation to Mr Assange, we hold serious concerns about his safety once in US custody. We note that Mr Assange is an Australian citizen, whose journalistic activities were undertaken entirely outside of US territory.''

Assange has been on bail in Britain for almost a year as he fights extradition to Sweden, where two women have alleged he committed sexual offences against them. He has denied the claims, and last week won the right to appeal against the extradition.

The signatories to the letter - who also include the - American academic Noam Chomsky, Julian Burnside, QC, and the Greens leader Bob Brown - warn that Sweden could hand Assange over to the US without the ''appropriate legal processes that accompany normal extradition cases''.

Private Bradley Manning, who leaked the thousands of secret cables, faced the first day of a preliminary hearing on Friday to determine whether he should be court-martialled over the leaks.

Private Manning's lawyer told the court that the government wanted the 24-year-old soldier to agree to plead guilty in return for a reduced sentence so he could be used as a witness against Assange and WikiLeaks. Lawyers for Assange were in the courtroom during the first day of the pre-trial hearing, and have asked for access to the court for the duration of the proceedings.

The Open Letter

The Hon Kevin Rudd MP

Minister for Foreign Affairs

Parliament House ACT 2600

Dear Minister

We write to express our concern about the plight of Julian Assange.

To date, no charges have been laid against Mr Assange by Swedish authorities.

Nonetheless, we understand that should he be sent to Sweden, he will be held on

remand, incommunicado. We note your comments last year about the need for Mr

Assange to receive appropriate consular support. We trust that this consular support is

being provided and will continue.

We are concerned that should Mr Assange be placed in Swedish custody, he will be

subject to the process of "temporary surrender", enabling his removal to the United

States without the appropriate legal processes that accompany normal extradition

cases. We urge you to convey to the Swedish government Australia's expectation that

Mr Assange will be provided with the same rights of appeal and review that any

standard extradition request would entail.

Any prosecution of Mr Assange in the United States will be on the basis of his

activities as a journalist and editor (Mr Assange's status as such has been recently

confirmed by the High Court in England). Such a prosecution will be a serious assault

on freedom of speech and the need for an unfettered, independent media.

Further, the chances of Mr Assange receiving a fair trial in the United States appear

remote. A number of prominent political figures have called for him to be

assassinated, and the Vice-President has called him a "high-tech terrorist". Given the

atmosphere of hostility in relation to Mr Assange, we hold serious concerns about his

safety once in US custody. We note that Mr Assange is an Australian citizen, whose

journalistic activities were undertaken entirely outside of US territory.

Mr Assange is entitled to the best endeavours of his government to ensure he is

treated fairly. He is entitled to expect that his government will not remain silent while

his liberty and safety are placed at risk by a government embarrassed by his

journalism. Australians also expect that their government will speak out against

efforts to silence the media and intimidate those who wish to hold governments to

account.

We ask that you convey clearly to the United States government Australia's concerns

about any effort to manufacture charges against Mr Assange, or to use an unrelated

criminal investigation as the basis for what may effectively be rendition. We also urge

the government to publicly affirm that Mr Assange is welcome to return to Australia

once proceedings against him in Sweden are concluded, and that the government will

fully protect his rights as an Australian citizen once here.We have copied this letter to your colleague, the Attorney-General.